| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
E072951
|
Leroy v. Yarboi
Education Code Section 44808 granted a school district and its employees immunity when a student's suicide occurred at home during summer break. |
Education |
|
C. Codrington | Nov. 18, 2021 |
|
D077894
|
Modification: People v. Alatorre
Petitioner was reasonably diligent because, although the change in law had become effective two years prior, he promptly retained counsel after learning of the change in law. |
Immigration |
|
W. Dato | Nov. 18, 2021 |
|
D075529
|
Modification: State Farm General Insurance Company v. Lara
In the prior approval system for insurance rates, the insurance commissioner cannot consider projected investment income from affiliate companies in setting a fair rate. |
Insurance |
|
R. Huffman | Nov. 18, 2021 |
|
21-328
|
Morgan v. Sundance Inc.
Order |
|
Nov. 17, 2021 | ||
|
D079036
|
The Inns by the Sea v. California Mutual Ins. Co.
An insured could not recover for loss of business income because it could not reasonably allege that the presence of COVID-19 on its premises caused the suspension of operations. |
Insurance |
|
J. Irion | Nov. 17, 2021 |
|
B300960
|
People v. Venice Suites, LLC
The plain language of the Los Angeles Municipal Code supported a building owner's use of a building. |
Real Property |
|
S. Ohta | Nov. 17, 2021 |
|
B302296
|
Ngu v. City Bail Bonds
Bail bond agents cannot solicit bail for plaintiff's co-arrestee. |
Criminal Law and Procedure |
|
L. Rubin | Nov. 17, 2021 |
|
B307988
|
In re S.G.
Where juvenile court terminated jurisdiction, controversy was not moot because an appellate court's order would create the limited jurisdiction needed to afford effective relief. |
Juveniles |
|
F. Rothschild | Nov. 17, 2021 |
|
A161993
|
C.T. v. K.W.
A mother was eligible for attorneys fees because a child support action and custody action were related actions. |
Family Law |
|
S. Pollak | Nov. 17, 2021 |
|
20-50119
|
U.S. v. Langley
The decision in Raich v. Gonzales is still binding precedent, and in line with that decision, there is no fundamental right to use medical marijuana. |
Constitutional Law |
|
P. Curiam (9th Cir.) | Nov. 17, 2021 |
|
19-10218
|
Amended Opinion: U.S. v. Telles
No substantial evidence of defendant's incompetence during proceedings where defendant understood charges against him and discussed mental health as part of litigation strategy. |
Criminal Law and Procedure |
|
M. Smith | Nov. 17, 2021 |
|
19-17314
|
Argonaut Insurance v. St. Francis Medical Center
Conditionally pled counterclaims for monetary relief, without more, do not trigger mandatory jurisdiction over declaratory claims. |
Civil Procedure |
|
R. Nelson | Nov. 17, 2021 |
|
A161128
|
People v. Fisher
A statute mandating the disparate punishment of similarly situated convicted felons violated constitutional equal protection principles. |
Constitutional Law |
|
J. Ross | Nov. 17, 2021 |
|
F081597
|
Noble v. Superior Court (Noble)
A family court was required to make the findings necessary to rebut the statutory presumption against an award of custody to a father who had perpetrated domestic violence against the mother. |
Family Law |
|
T. DeSantos | Nov. 16, 2021 |
|
D077970
|
First American Title Insurance Co. v. California Dept. of Tax and Fee Administration
An insurer was not exempt from the economic burden of sales tax even if legal incidence could not be imposed. |
Tax |
|
W. Dato | Nov. 16, 2021 |
|
20-16327
|
Munoz v. Smith
Petitioner's claims were not cognizable under federal habeas law where supervisory conditions were not "custodial" within the meaning of federal habeas statute. |
Criminal Law and Procedure |
|
D. Bress | Nov. 16, 2021 |
|
20-55622
|
J.K.J. v. City of San Diego
A plaintiff failed to plausibly allege that an officer violated a detainee's constitutional right to adequate medical treatment. |
Civil Rights |
|
D. Fisher | Nov. 16, 2021 |
|
20-15506
|
Southwest Fair Housing Council v. Maricopa Domestic Water
Water District's policy of charging higher security deposits to public housing tenants served a legitimate business interest because it otherwise struggled to recover delinquent fees. |
Civil Rights |
|
C. Bea | Nov. 15, 2021 |
|
18-70329
|
Lopez Vazquez v. Garland
A non-citizen's petition for review of a removal order was dismissed because petitioner's removal order was legally valid at the time of entry and execution. |
Immigration |
|
D. Bress | Nov. 15, 2021 |
|
A162129
|
George v. eBay, Inc.
eBay sellers failed to show unconscionability because they did not show that they had no other options and the challenged policies had legitimate business purposes. |
Contracts |
|
J. Richman | Nov. 15, 2021 |
|
D079074
|
Chambers v. Crown Asset Management, LLC
An affidavit was excluded because it lacked sufficient detail to show that the underlying records it relied upon qualified under the business records exception. |
Evidence |
|
P. Guerrero | Nov. 15, 2021 |
|
B304655
|
Modification: Wertheim, LLC v. Currency Corp.
Where attorneys' untimeliness in pursuing a motion causes more fees, postjudgment attorneys' fees are unnecessary and unmerited. |
Attorneys |
|
V. Chaney | Nov. 15, 2021 |
|
B298881
|
Drink Tank Ventures v. Real Soda in Real Bottles
Where the sole basis for an intentional interference with a prospective economic advantage claim is based on breach of contract, the trial court lacked subject matter jurisdiction because there was no tort. |
Business Law |
|
B. Hoffstadt | Nov. 12, 2021 |
|
B305535
|
Oakes v. Progressive Transportation Services
The cost-shifting provisions of Code of Civil Procedure 998 should be applied before labor code provisions governing the distribution of a judgment. |
Workers' Compensation |
|
V. Chavez | Nov. 12, 2021 |
|
B305826
|
Martinez v. City of Beverly Hills
In the context of municipal liability, constructive notice for defective sidewalks is different than liability for defective alleys because the intended uses are different. |
Government |
|
B. Hoffstadt | Nov. 12, 2021 |
|
A161954
|
People v. Davenport
A trial court erred in denying a petition for resentencing when it considered facts from a preliminary hearing transcript that defendant did not stipulate to as a factual basis for his no contest plea. |
Criminal Law and Procedure |
|
J. Streeter | Nov. 12, 2021 |
|
E076526
|
In re R.F.
An order terminating dependency jurisdiction was reversed because the father did not receive proper notice and was not given an opportunity to be heard. |
Juveniles |
|
C. Codrington | Nov. 12, 2021 |
|
D076228
|
Haytasingh v. City of San Diego
A trial court's jury instruction to apply a local ordinance was prejudicially erroneous because the local ordinance is preempted by state law. |
Government |
|
C. Aaron | Nov. 12, 2021 |
|
A162937
|
D.C. v. Superior Court (People)
When deciding which jurisdiction a juvenile offender should be charged in, judges may consider delinquent conduct which occurred after the alleged offense. |
Juveniles |
|
M. Simons | Nov. 11, 2021 |
|
A161078
|
Modification: Doe v. Damron
Specific personal jurisdiction is established where tort occurs in state even though defendant is just a visitor. |
Civil Procedure |
|
G. Burns | Nov. 11, 2021 |